Wallace v. State

A surveillance videotape showing the March 29, 2001 armed robbery of a convenience store was admissible, even though it displayed a date of August 1, 1996, because the cashier and others who personally witnessed the events authenticated the videotape.

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In a joint trial, Shelton Wayne Wallace and Joel Christopher Bradshaw were found guilty of armed robbery, kidnapping, aggravated assault, and possession of a firearm during the commission of a crime. Following the denial of their motions for new trials, Wallace and Bradshaw appeal. Wallace seeks to contest three evidentiary rulings and the denial of his motions to sever defendants and to sever offenses. Bradshaw contends that the trial court erred in admitting his custodial statement and allowing a surveillance videotape into evidence. He also claims that the State failed to carry its evidentiary burden on his motion to suppress the evidence seized from his apartment. After review, we find no error and affirm in both cases. Viewed in the light most favorable to the verdict, the evidence shows that on March 26, 2001, Shelton Wayne Wallace entered a Super H convenience store, where he pointed a small silver handgun at the store manager. Wallace, described as an older white man with a grey beard and mustache, was not wearing a mask and did not otherwise conceal his face. Wallace threatened to kill the manager if she did not give him all the money in the register. After she complied, Wallace demanded that she give him all of the money in a second register. That register, however, was empty because it was used only on Fridays to cash payroll checks for local businesses. She repeatedly explained to Wallace that because it was not a Friday, the second register had no money. Wallace then ordered her to lie down on the floor, warning her that if she got up within the next five minutes, he would kill her.

While the armed robbery was in progress, a customer drove into the Super H parking lot and noticed a black king cab truck parked outside. The customer did not see the truck leave, testifying that it was gone by the time she finished pumping her gas. Investigators determined later that the wife of Bradshaw, Wallace’s co-defendant, owned a black Ford extended cab truck.

Wallace v. State

A surveillance videotape showing the March 29, 2001 armed robbery of a convenience store was admissible, even though it displayed a date of August 1, 1996, because the cashier and others who personally witnessed the events authenticated the videotape.

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